Federal Employees Retirement System (FERS) Disability Law: Societal Perfection

Anselm’s Ontological argument for the existence of God is dependent upon a crucial conceptual construct which, if and only if accepted, works.

It is the concept of “perfection”.  For, if existence — or, “to be” — constitutes the satisfying minor premise of the definition contained in the major premise, “That than which nothing greater can be conceived of”, then the question is: Do we necessarily have to agree with the societal construct of what “greater” means or, similarly of what “perfection” must entail?

Most ontological arguments must include some acceptance of what “perfection” entails — of the query involving, “How can an imperfect being possess a concept of perfection unless that perfection exists?”

But when it comes down to the details of what we mean by the term “perfection”, we find ourselves in squabbles of circular argumentation.  Societal constructs of perfection — or, of even lesser norms, like what is a “good” citizen, a dedicated worker, a loyal individual, etc. — often gets us into trouble, especially when such a definition becomes the basis for a self-harming viewpoint.

For Federal employees and U.S. Postal workers who suffer from a medical condition, continuing to work despite harming your own health is often insisted upon because of our distorted view of societal perfection.  We hold onto the societal construct of what it must mean to be a dedicated and loyal employee — i.e., the societal definition of perfection — until we die of exhaustion in trying.

FERS Disability Retirement through the U.S. Office of Personnel Management is a counter to that — it is a recognition that you should not have to work in a job which is harming your health.

If you are no longer able to perform all of the essential elements of your position with the Federal Agency or the Postal Service, contact a disability lawyer who specializes in Federal Disability Retirement benefits and begin the process of defying the false construct of societal perfection.

Sincerely,

Robert R. McGill
Lawyer specializing exclusively in FERS Disability Retirement Law

 

OPM Disability Retirement benefits: Misjudging Yourself

It is not an accident that most people are unable to accurately assess or evaluate themselves, their circumstances or the road forward.  Look at Plato and his magnum opus — The Republic.  Therein lies the hoax of unfettered hubris — of the declaration of who should be the ruler and king?  None other than the Philosopher — or, more humbly put, Plato himself.

Are we the best judge of ourselves?  All of us have a tendency towards seeing ourselves in greater or lesser degrees which fails to reflect reality.  To compound the problem, we also rarely appreciate criticism or outside evaluations which do not comport with our own self-assessment.  Yet, in most serious circumstances, that is precisely what is needed — an objective accounting of a given situation; the alternatives available or potentially open; the solutions possible; the road forward.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the need to file for Federal Disability Retirement benefits under FERS through the U.S. Office of Personnel Management is a given; but the assessment in the strength of a case, what is needed to bolster the chances of winning against OPM and the requirements to meet the legal criteria — those issues should be handled by a competent disability attorney who specializes in Federal Disability Retirement Law.

For, as the patient as well as the Disability Retirement Applicant, you will likely misjudge yourself because you believe that your medical condition — by which you suffer so much — should automatically qualify you.  However, that is not how OPM sees it.

Contact an attorney who specializes in Federal Disability Retirement Law and avoid the pitfall of misjudging yourself, and allow the Federal Disability Retirement Lawyer make the crucial assessment and evaluation of your case.

Sincerely,

Robert R. McGill
FERS Disability Attorney

 

Postal & Federal Employee Disability Retirement: OPM’s Selective Exclusion

The danger of attempting to present a specific viewpoint is that one almost always engages in selective exclusions — sometimes inadvertently; most times, deliberately.

Selective exclusion involves a 2-faced lie: A. You selectively choose to include only those statements, quotations, references, etc., which support your viewpoint and (B) concurrently and in a parallel manner, you exclude those statements which might support or otherwise strength the opposing viewpoint.  A third — often unspoken — component implies the following: Truth is not the guide; rather, winning an argument is what prevails.

Now, if a person, entity, organization or agency is supposed to be “objective” about a matter, such deliberative intent to proceed in a biased manner makes it all the more poignantly unacceptable.  Yet, that is exactly what the U.S. Office of Personnel Management does when denying a Federal Disability Retirement case — of engaging in selective exclusion in justifying its position of denying a case.

How to rebut and answer such an approach?  By including all that was excluded, and arguing the law — which, by the way, OPM also selectively excludes.

Contact an experienced lawyer who specializes in Federal Disability Retirement Law and begin the process of answering the selective exclusion engaged in by OPM.

Sincerely,

Robert R. McGill, Lawyer
Postal & Federal Employee Retirement Attorney

 

FERS Disability Retirement from the Office of Personnel Management: How is it?

How is it that the world became the way it is without our knowing it?  How is it that the rules were already in place, the lands already divided, the waters already polluted, the debt already ballooning, the inventions already made — how did that come about, and who told us the history of the “what”, “when” and “where” of the past?  Can a society long endure while ignoring the past of how it developed and came into being?  And who gets to tell the tale of who we are, how we came to be, and why we are the way we are?

Berkeley’s epistemological approach was to confine knowledge to that which we can perceive, thereby attempting to limit the problems inherent in Being, Truth and Reality.  Like so many of the British Empiricists, philosophy was being reduced to mere “language” difficulties and, indeed, history itself may bear out their “rightness” in this question and problematic approach.  There is, of course, a quiet revolution going on about our past, our history, and the telling of who we are.  That is always a good thing, so long as “Truth” is the end-goal of such an endeavor.

But when Truth itself has become relativized as mere language games malleable in the hands for greater artificial intelligence, and where algorithms rule instead of human input which confines it within stated ethical boundaries (and even that is questionable, given the underlying motives and intent of human beings generally), then perhaps Wittgenstein was right after all; it is all a matter of who sees the “truth”, who gets to “tell” it, and who maintains the Tower of Babel in this universe of increasingly unfettered liberty.

In the end, the “how” of the world will forever be revised as perspectives, opinions and viewpoints change; but it is the “who” that controls the lifestream of information and historical data as to what is important; and in this Orwellian world where the glut of information has relativized all truths, we care less about the “how” than the “who”, anymore.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition now impacts the Federal or Postal worker’s ability and capacity to perform one or more of the essential elements of one’s position, the history — or the “how — is important in preparing and formulating one’s Statement of Disability as posited on SF 3112A.  However, remember that all historical contexts must be provided in streamlined form; for, causality is not an issue in a Federal Disability Retirement application (whereas, in OWCP cases, it almost always is), and thus undue focus upon the “how” can detract from an effective Statement of Disability as reflected on SF 3112A.

The world around us may be concerned with the “How” of a question; for an OPM Disability Retirement case, it is the more current “what” that is the necessary focus of articulation.

Sincerely,

Robert R. McGill, Esquire

 

Lawyer Representation for OPM Disability Claims: The story

Everyone has one; some, more interesting than others; others, less interesting than most; most, told in disjointed streams of subconscious dilemmas often coopted by deceitful tellings that leave amiss the juicier elements that would otherwise offend.

Is there “the” story, or just many little details comprised of “a” story here, a story there, and in the aggregate, it makes up the total picture of a person?  Can one ever know a person in his or her fullness, or must there always be left out an element of surprise, mystery and a deficiency otherwise not noted?  Can people be married for 50 years and still be surprised by something in the other spouse’s past?

How are memories triggered to begin with — say, for example, a couple has been married for half a century or more, and one night they get a carry-out from a newly-opened restaurant in their neighborhood that serves a special Moroccan dish from the menu, because the restaurant owner’s wife’s late husband’s third cousin twice removed recently visited the country and brought over a recipe that could not be resisted.

The two older couple (yes, you may infer from the fact that they have been married for over a half-century to connote that the couple are rather elderly) sit down for this delectable dish, and as they begin serving the various food items and transferring them from the paper boxes onto dinner plates, the wife takes in the aroma of the vegetables, cooked in a certain sauce, and declares to her husband, “Oh, this reminds me, I was in Morocco when I was younger.”

Now — for fifty some odd years, this couple has been married; they have had children; they have shared the many stories to tell, both included and some where each experienced a slice of life separately; and one would think that such a detail as having been to a foreign country which not many Americans visit in the first place, would be something that was told during the course of their long and lasting relationship.

What would be the explanation for not having told?  How about: “Yes, I was kidnapped and held for ransom for months, and I repressed the memories these many years”; or, “Oh, I was just 2 or 3 and don’t really remember much about it, other than my parents dragging me to Morocco just to get away”.

Such explanations might be understandable; but how about the following: “Yes, I was there for 5 years, from about the age of 10 – 15, and it was the most impactful experience of my life.”  Now, this last explanation — one would wonder, of course, what kind of a marriage this elderly couple could have had if the spouse had never related the most “impactful” period of her life, would one not?

“The Story” of one’s life will always contain some omissions (that is a conundrum and an oxymoron, is it not — to “contain” and “omit” at the same time?) about various experiences encountered, but that is a natural course in the very “telling” of one’s narrative.  Most narratives have a beginning and an end; some are interesting, others not; but in the telling, the narrative itself must be coherent and comprehensible, as well as containing relevance and significance within the meat of the narrative itself.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of ones’ Federal or Postal job, it may become necessary to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

During such an administrative process, it is necessary to “tell one’s story” by completing SF 3112A, Applicant’s Statement of Disability.  It is a “slice of life” story, and should be as compelling as the aroma that triggered the admission of one’s Moroccan past — for, every story is a unique one; it is in the telling that brings out the mystery of a person’s singular tale of painful experiences, and this is one more slice that needs a coherence within a narrative required in order to obtain a Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The performance fallacy

The disproportionality that occurs between reality and make-believe is nowhere more apparent than in the Federal sector involving performance reviews prepared for Federal employees across all agencies and departments: of being “fully successful” and having those “outstanding” appraisals year after year, and yet….  You don’t feel that such appraisals, despite the blush that it may evoke, reflects the reality of what you have been doing.

The body that warms a position, despite its declining productivity, is the one the Supervisor or Manager does not want to lose; for, to retain a known quantity is better than to lose one and gain an unknown one.

Then, of course, there is the reality of the Federal employee who experiences a deteriorating medical condition, and has come to a critical juncture and decision-making point of what is often referred to as a “Gestalt” moment, or that “Aha!” experience, where one comes upon the realization that one is not immortal; and despite being brought up on Star Wars, the “Force” and other fantasies that human frailty can be overcome by sheer will of the mind — that, disregarding all of that childhood nonsense, we are growing old and beset with medical conditions that remind us that we are no longer the spry chickens just hatched from the warmth of a hayloft beyond the red barn’s rooster call.

Then, there is the “performance fallacy” — somehow, no matter how terribly we feel; no matter the amount of recent sick leave taken, or LWOP requested, the appraisals continue to exceed our level of productivity.

Considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS?  You have the medical condition and, more importantly, the medical support to move forward.

Then, you pause because of the “performance fallacy” — the question being:  How can OPM approve a Federal Disability Retirement application if the performance appraisals continue to reflect the “outstanding” columns of productivity?  The short answer:  That is why the foundation of a case must be built upon a strongly-worded medical narrative, which implicitly rebuts and preemptively answers all such concerns, and that is where consulting with an attorney who specializes in Federal Disability Retirement Law can be crucial to the successful outcome of a Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement under FERS & CSRS: Admission

It is a noun of peculiar variability, perhaps all interconnected upon reflection.  It can refer to the permission to enter, whether by right, payment or removal of obstacles; or, denoting the price of such entrance; or even yet, a confession or acknowledgment of a point taken; and in other contexts, of being accepted into a fraternity of sorts, as in “admission to a university” or “to the legal bar” – meaning, not an actual, physical movement through gates now open, but a conceptual membership into a community of selective individuals.

Is there a linguistic relationship between that sequestered sense of the word – of an acknowledgment or confession – in contradistinction to the other forms, all of the remainder of which encompasses an entrance, movement or acceptance to a desired destination upon the removal of an obstruction, whether by a physical gate or a nod of consent?

How about this:  An admission denoting a confessional standard or conceding a point of conflict can be likened as a release, where pent-up resistance is suddenly or finally torn down, and the voluntary pouring out of one’s previously-withheld desire to “tell all” has been replaced with the emptying sensation of a satisfied conscience.  You are now allowed into the community of guiltless souls, or at least of having the feeling of being released from the cage of deception in falsehood.

Admission in this sense is a freeing of one’s inner soul, and it is normally insufficient to bring that narrative of expiation in a silent soliloquy to one’s self; thus, there are confessionals and penitent individuals, bowing with genuflective subservience and unmasking one’s soul to someone cloaked in authoritative garments, and somehow the externalization of one’s guilty conscience has an antiseptic, cleansing effect.

Admission into a fraternity of brotherhood is always a welcoming act; admission of one’s mistakes, wrongs committed and sins adorned, has never been an easy undertaking, and less so in this day and age where moral equivalency is the prevailing rule of life.

For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the issue of admission is always twofold:  First, the entire purpose of preparing an effective Federal Disability Retirement application is to gain admission into the class of former Federal and Postal employees who are now Federal Disability Retirement annuitants; and, secondly, it is important to allow for the difficult admission that the entire administrative and bureaucratic process is a complicated one, and therefore may require the assistance of legal counsel in order to successfully maneuver one’s way through the maze of complexities.

An admission in the first sense is thus the goal; an admission in the latter sense is merely a reflection of wisdom in progress for the Federal or Postal employee who, by necessity of a medical condition, needs to file a Federal Disability Retirement application with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: Life as a Byproduct

When it happens, or how, is of insignificant notice; the incremental arrival, where past segments of time seemed to traverse epochs where memories captured mere millennia of lifetimes; and then, one day, you wake up and yawn, and your life has taken on an incidental, tertiary level of importance.  One has been living by negation for so long, any positive or affirmative step has become a ghost of not just a Christmas past, but of decades evaporated.

Can life long be lived as a mere byproduct, where time, space and the centrality of one’s essence is shoved aside, and separateness of identity is relegated to occasional hellos and furtive glances of suspicious canopies?   Can a life of negation — of avoiding pain, trying to merely survive the day, or of constantly worrying about the next adverse action which might be initiated against you — is that “living”, or merely life as a byproduct?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition (whether physical exclusively, psychiatric, or a cross-combination of both) prevents the Federal or Postal worker from being able to perform one or more of the essential elements of one’s positional duties, the daily grind of avoidance, fearful of the next stressor of the day, and the constant battle to get some recuperative period of rest and peace away from the turmoil of work and one’s constant fight against the medical condition, leaves the human soul depleted and defeated, to the extent that life is merely a secondary and incidental experience; the true and focused task is intertwined with fear, angst and dread for each day.  Is that really a way to live?

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may not be the answer to all of life’s problems; but for that segment of society, the Federal Sector and the U.S. Postal Service employees — it is at least a small step and a beginning.

Life’s problems did not aggregate in a single day; and just as the ancient Chinese proverb admonished that a journey of a thousand miles begins with a single step, so the life of a Federal or Postal employee can return to the essence of being, as opposed to a mere byproduct, when once we take steps to attain a level of restorative peace and begin to fulfill promises made but broken in past moments of progressive deterioration, when health was once taken for granted but now considered the gift of blessings forgotten in previous baskets of happiness and joy, lost but never forever regretted.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Disability Retirement: The Adaptable Criterion

If a criterion is advanced at the outset, one expects that the details of its applicability will result in a fair outcome so long as the requisite subsets are adhered to.  The problem is one of generalizations, however, and the linguistic malleability of hermeneutic interpretation, and in the end, the honesty of the individual.

There may have been a time when the sin nature of man was contained, and Pandora’s box was sealed, or at least somewhat secured; but once relativism creeped into the general populace, the game of restraint was lost forever.  Once, when man was left to individualistic devices, and information concerning the world was considered esoteric and reserved for the ivory towers of science and theological hoods of mystery shorn by Jesuit Orders of secrecy and cavernous enclaves of furtive whispers echoing down dark chambers in secluded corners, the application and usage of criteria demanded knowledge beyond the commonplace. Now, with Google and other search engines, everyone knows everything, or nothing at all.

For Federal employees and U.S. Postal workers who are considering filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the “trick” is to review the legal criteria, amass the information in a manner which fits the applicability for eligibility, then to “make the case” for an approval.

Is it a science?  Or, more precisely, are the regulatory subsets “open to interpretation”?  And more to the point:  Do the Administrative Specialists at OPM adhere to the “letter of the law”, or is hermeneutics less than an honest methodology these days?  Where human nature is concerned, one need not stray too far from the general knowledge of the masses.

If one has lived long enough, you know that you should always walk through the busy streets of a city with one hand on your back pocket, protecting your wallet.  Pickpockets are everywhere, and in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, the Federal and Postal worker should always be cognizant of the fact that the adaptable criterion is not the fault of the agency or the promulgators of legal standards, but merely reflects the fact that Pandora’s box was left open long ago, and the serpents of horror and dishonesty were left to roam the earth like never before.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Those Fall Leaves

The time of change and spectrums of colors beyond mere rainbows of solitude; it is often poetically described as the season of deterioration, of old age before the winter of mortality.  Fall brings about a freshness of cooler winds, a precursor of foretelling that those dog days of summer have come to an end.  Ever look at the fallen leaves and mistake them for something else — an animal, perhaps, or a figure of caustic imagination?

Such projections erupting from our own fears and hesitancy reveal the true state of our being.  The leaves bring color to an otherwise dreary existence; once fallen, they can take on whatever hopes, dreams and fears we wish to accentuate.  Looked upon from a distance, shapes of crinkling leaves can take on forms enhanced through our imaginations.  It is only when we deliberate, walk up closer, and verify, that we can ascertain with a semblance of certitude that it was not what we thought, or that it constituted nothing more than our fears gone awry.

Fear and imagination tends to do that; until we take affirmative steps to ascertain, verify and concretize, what is left in a muddle remains so.  For Federal employees and U.S. Postal workers who sit and fret over one’s future because of a medical condition which has begun to prevent the Federal or Postal worker from performing all of the essential elements of one’s positional duties, the fear of future forebodings becomes an exponentially-enhanced subject of terror and trembling, so long as pragmatic steps of self-affirmation are avoided and neglected.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may seem like a small step, or perhaps a too-large one in supposing an end to an otherwise successful career.  But sitting in fear and loathing is never a solution; one must, by affirmative steps and bounds, break the isolation of fear and move forward with life.

As the fallen leaves of Fall are merely a season of change, and the colors which surround the spectrum of life’s spector, to remain as a spectator to the vastness of change is to allow for the vicissitudes of misgivings to shake the essence of purpose.

Like the crinkled leaf which sits afar and takes on a gargoyle-like appearance, it is only when those first steps are embraced towards ascertaining, verifying and establishing that the very fears we once took comfort in, are but mere wisps of whispers dissipating into oblivion, once we take those initial steps in preparing, formulating and filing for Federal Disability Retirement benefits through OPM, in order to defy the foreboding of the winter season yet to come, but where our future lies not in fear but in securing a semblance of stability through a benefit available but for want of hesitation.

Sincerely,

Robert R. McGill, Esquire